MEMORANDUM OF UNDERSTANDING BETWEEN
COUNTY OF SANTA BARBARA AND
THE ENGINEERS AND TECHNICIANS ASSOCIATION

Pursuant to the provisions of Government Code Sections 3500-3510 and Santa Barbara County Resolution 75-743, agreement has been reached between the County of Santa Barbara (hereinafter referred to as "County") and the Engineers and Technicians Association (hereinafter referred to as "E.T.A.").

It is the general purpose of this Memorandum of Understanding to promote the mutual interest of the County and its employees and to establish rates of pay, and certain other terms and conditions of employment.

ARTICLE 1. RECOGNITION

Section 1.1
Pursuant to the provisions of the County Employee Relations Resolution 75-743 and applicable State law, the County of Santa Barbara hereby recognizes the Engineers and Technicians Association as the certified majority representative of the employees in the following representation units:

The term "employee" or "employees" as used herein shall refer only to employees employed by the County (excluding temporary or extra help) as well as such classes of employees as may be added hereafter throughout the provisions of the County's Employer-Employee Relations Resolution or applicable State law.

Section 1.2
E.T.A. agrees to provide the County's Human Resources Director with a list of Association officers and representatives who are authorized to meet and confer in good faith. E.T.A. shall also provide the above officials with a list of all authorized staff representatives. In addition, E.T.A. shall provide a list of council representatives who can post materials on behalf of E.T.A. These lists shall be kept current by E.T.A.

ARTICLE 2. NON-DISCRIMINATION

The provisions of this Memorandum shall be applied equally to all employees covered hereby without discrimination because of race, color, sex, age and marital status (except as provided by law), disability, national origin, religious affiliation, or E.T.A. membership or non-membership.

ARTICLE 3. RIGHTS OF THE COUNTY

Section 3.1
The County retains, among other management rights, the exclusive right to determine the methods, means, and personnel by which County government operations are to be conducted, as well as to exercise complete control and discretion over its organization, operations, and technology of performing its work; to determine the mission, function and necessity of all or part of each of its constituent departments, boards and commissions and take all necessary actions to carry out their mission, functions and necessity, or any part thereof, as well as set standards of service to the public.

Section 3.2
It also retains the sole right to administer the Civil Service system, to classify or reclassify positions, add or delete positions or classes to or from the Salary Ordinance; to establish standards for employment, promotion, and transfer of employees; to direct its employees, establish rules and regulations, take disciplinary action for proper cause, to establish work schedules and work assignments, contract out work, transfer work out of the unit, and to relieve its employees from duty for lack of work or other legitimate reasons. The County retains the right to be the sole judge, subject to its Civil Service Rules and Procedures, of the qualification and competence of its officers and employees.

Section 3.3
Before implementing any decision to contract out work or to transfer work out of the unit, the County shall notify E.T.A. and upon request, negotiate the impact of such decision on employees' terms and conditions of employment, to the extent such terms and conditions are within the scope of representation.

Section 3.4
If E.T.A. requests to negotiate a decision to contract out work or transfer work out of the unit, the subjects of bargaining shall include: the reasons, the expected financial impact and the anticipated impact on the quality of services provided.

Section 3.5
If the decision to contract out services would result in an employee being subject to layoff, the contract shall not be implemented any earlier than thirty (30) days notice to E.T.A., unless the parties mutually agree.

Section 3.6
The County reserves the right to take whatever action may be necessary in an emergency situation; however, a Recognized Employee Organization affected by the action shall be notified promptly of any such emergency action which affects matters within the scope of representation.

Section 3.7
This section is not intended to restrict consultation with employees or employee representatives about the practical consequences that decisions on these matters may have on wages, hours and other terms and conditions of employment.

ARTICLE 4. RIGHTS OF THE ASSOCIATION

Section 4.1
Employees of the County shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation of all matters of employee relations. Employees shall also have the right to represent themselves individually in their employment relations with the County. No employee shall be interfered with, intimidated, restrained, coerced, or discriminated against because of his/her exercise of these rights.

Section 4.2
Management employees shall not represent non-management employees on matters within the scope of representation.

Section 4.3
Confidential employees shall not represent non-confidential employees on matters within the scope of representation.

ARTICLE 5. ASSOCIATION SECURITY

Section 5.1
The County will deduct the dues and insurance premiums from employees in the above-mentioned representation units who have authorized said dues deductions and insurance premiums in writing on forms prescribed by the Auditor-Controller and will transmit such deductions to E.T.A.

Section 5.2
Payroll/Dues deductions from employees represented by E.T.A. shall be changed quarterly by the County upon written authorization from E.T.A., when authorized in advance by the employee. Payroll deductions for E.T.A. insurance and benefit programs shall be changed by the County upon written authorization from E.T.A., when authorized in advance by the employee.

Section 5.3
E.T.A. agrees to indemnify, defend, and hold the County harmless against any claims made of any nature and against any suit instituted against the County arising from its check off for the dues, insurance or benefit programs of E.T.A., or its failure to do so.

Section 5.4
The E.T.A. paid representative is authorized to visit work stations of E.T.A. officers to obtain signatures on official E.T.A. documents within the provision of the County Employer-Employee Relation Policy.

Section 5.5
Upon request, the County shall, once every quarter, provide mailing labels of unit employee names and departments at a cost of $25 per year to E.T.A.

Section 5.6
The County agrees that the E.T.A. negotiating team shall consist of no more than three (3) employees. Employees shall not suffer a loss in compensation in accordance with the County's EERP and State law.

Section 5.7
Upon the written request of E.T.A., the County may provide meeting space to be used outside working hours, provided such space is available and E.T.A. receives approval of the department head and complies with County policies. Request for use of facilities will be made in advance to the department head and will indicate the date, time and general purpose of the meeting(s) and facilities needed.

Section 5.8
The County will distribute to each new employee in an E.T.A. represented employee classification a letter, furnished by E.T.A. which reads:

"The Engineers and Technicians Association of Santa Barbara County has been certified as the majority representative of the representation unit to which your classification belongs. E.T.A. represents you in negotiations with the County of Santa Barbara relative to all matters pertaining to employment conditions and employee-employer relations including, but not limited to wages, work hours, and other terms and conditions of employment. For additional information, or if you wish to join E.T.A., please write: Engineers and Technicians Association, P.O. Box 92259, Santa Barbara, CA 93190-2259."

Section 5.9
The County will allow a representative member of E.T.A. to make a twenty (20) minute presentation at scheduled countywide new hire orientation meetings. The County shall notify E.T.A. in advance of these orientation meetings. All statements made at the orientation including the presentation by the Association shall be of a nondefamatory nature.

ARTICLE 6. BULLETIN BOARDS

The County shall provide designated space for use by E.T.A. on existing bulletin boards at work locations with employees represented by ETA All materials to be posted must be nondefamatory in nature, must be approved and signed by an E.T.A. official and shall be used for the following subjects:

1. E.T.A. recreational, social and related news bulletins;
2. Scheduled E.T.A. meetings;
3. Information concerning E.T.A. elections or the results thereof;
4. Reports of official business of E.T.A., including reports of committee or the Board of Directors.

ARTICLE 7. MEDICAL AND DENTAL COVERAGE

Section 7.1
For new employees, medical and dental coverage benefits under this Section shall be effective at the beginning of the month that immediately follows the employee’s first pay period of employment in a regular position. Part-time employees must be employed a minimum of fifty percent (50%) of full-time in order to be eligible for insurance benefits.

Section 7.2
The County and E.T.A. agree that Preferred Provider Organization (PPO), Health Maintenance Organization (HMO) and Point of Service (POS) medical plans, and PPO and Dental Maintenance Organization (DMO) dental plans shall be available to employees.

Section 7.3
The County shall contribute up to $105.19 biweekly toward the costs of the biweekly premium for employee-only medical coverage. The County shall contribute up to $12.02 biweekly toward the cost of the biweekly premium for employee-only dental plan coverage. These contributions are based on full-time employment; part-time employees shall receive a prorated contribution based on their percentage of full-time employment. Insurance plan premiums that exceed the County's contribution shall be paid by the employee through payroll deductions. During the term of this agreement, the County shall pay 100% (pro rated for part-time employees) of the least expensive HMO employee-only premiums.

Employees may select coverage from the following options:

Medical*

Dental

Section 7.4
Employees may ensure their eligible dependents (including qualified domestic partners)under the medical and dental plans listed above, in accordance with the rules and regulations applicable to obtaining said dependent coverage.

Section 7.5
Employees who are placed on a leave of absence resulting from a medical condition including injury, illness, pregnancy or childbirth shall receive the County contribution toward health plan coverage for a leave period up to eighteen (18) months. Health insurance premium amounts exceeding the County contribution and for dependents shall be the responsibility of the employee during the leave period. If an employee has paid leave in excess of eighteen (18) months at the start of the leave, the County will continue to make its contribution toward health plan coverage until such time as the leave is exhausted.

Section 7.6
The County's existing Labor/Management Health Oversight Committee shall include one Association representative or his/her alternate. Employee representatives shall receive reasonable release time to attend committee meetings.

Section 7.7
If two regular County employees are either a) married to each other or b) registered as domestic partners as specified below, and are both eligible for a contribution from the County toward employee-only medical and dental coverage, they may consolidate the County contributions toward the premium cost for “employee plus dependents” coverage held by one of the employees. In this situation, one employee (referred to below as the “spouse”or “partner”) becomes a dependent on the other employee’s (referred to below as the “primary employee”) medical and dental coverage.

In order to be eligible under this provision, all of the following conditions must be met:

The amount of the consolidated contributions shall be that amount which would otherwise be contributed by the County toward the employee’s and the spouse’s or partner’s employee-only premiums for the respective medical and dental plans less the cost for participation by the spouse or partner in the Employee Assistance Program and the County’s healthcare advocacy program. The appropriate contributions shall be made by the respective departments employing each employee.